PVL 3704 ASSIGNMENT 1

Assignment 1 Question 1 Discuss in general (without reference to a specific enrichment action) how the extent of enrichment liability (or the quantum of the enrichment claim) must be calculated. (10) Question 2 A has demanded payment from B of an amount of R 50,000 which he believes B is owing. B has checked his records and has paid the amount in the bona fide belief that the amount is owed in terms of their contract. Unbeknown to B, his bookkeeper, C had already paid the amount a week earlier by way of an electronic funds transfer into the account of A. At the time of the second payment A's account was overdrawn in the amount of R 30,000 and was therefore in credit of R 20,000 after the payment. A has taken R 15,000 out of his account to pay his employees their monthly wages. He has also paid R 10,000 for a luxury weekend after realising that his account was in credit. Discuss whether B has a claim against A and, if so, how much he may claim. (10) TOTAL: [20] ________________________________________________________________________ Answers Question 1 The quantum of an enrichment claim is, in general, calculated according to the enrichment of the defendant (the enriched party), or the impoverishment of the plaintiff (the impoverished This study source was downloaded by from CourseH on :57:44 GMT -05:00